§ 357. The publication of those rules seems to furnish an occasion for a simple commentary upon them, embracing a straightforward account of the proceedings in Admiralty suits, in which so much of the universal law and traditionary practice of the courts, should be united with the rules of the Supreme Court, and methodically arranged, as should be necessary to furnish a useful book of instruction for learners, and a conve nient manual for the more experienced practiser, and, at the same time, tend to make the practice uniform throughout the United States.

It will be seen that they apply equally to all the courts of the United States, as well the Supreme and the Circuit Courts, as the District Courts, in Admiralty and Maritime cases. As has been observed, many matters of minor detail have been left to be prescribed by the courts themselves, by their own rules, and many others to be disposed of as they arise, according to the discretion of the sitting judge. In those matters of minor detail, in stead of stating the practice of several districts, that of the Southern District of New York is alone given. (a) The Admiralty business of that district has hitherto been more than that of all the United States besides, and for about a quarter of a century, has been administered by a judge, "singulari diligentia, incredibili industria," who has derived, from his various learning and unequalled experience in such cases, that great practical wisdom which has characterized his decisions.

(a) The Rules of the District Court for the Southern District of New York, are inserted at length in the Appendix-vid. Index. In all cases in which the Rules of the Supreme Court have regulated the practice, those of the District Court are, of course, abrogated.

CHAPTER XX.

The General Character and Course of Admiralty
Proceedings.

§ 358. This court, as before stated, is bound to determine the cases submitted to its cognizance, upon equitable principles, and according to the rules of natural justice. This principle of the maritime Law pervades also the whole Practice of the Admiralty in the United States. The grand object of doing justice between the parties is superior to technical rules and forms, and where the stricter practice of the English common law, or the civil law, would turn a party out of court, or defeat or pervert justice, by considering an arbitrary rule of proceeding as paramount to all other considerations, the American Admiralty finds, in the educated reason and cultivated discretion of the court, the means of defeating chicanery, rectifying mistakes, supplying deficiencies, and suggesting to the party the means of reconstructing his case, if necessary, without the loss of such real progress as he may have already made.(a)

§ 359. Suits and proceedings in Admiralty are divided into two great classes-suits and proceedings in rem, and suits and proceedings in personam.

Suits in rem, are against a thing itself, and the relief sought is confined to the thing itself, and does not extend to any persons. Suits in personam, on the other hand, are against a person, and the relief is sought against him without reference to any specific property or thing. In a suit in rem, unless some one intervenes and assumes the responsibilities of the controversy, the power and process of the court is confined to the thing itself, and does not reach either the person or the other

(a) Ante, § 41, 321. 8 Pet. 538. Ware, 355.

1 Hag. 357. 3 Mas. 255. Ibid, 343.

property of its owner. In a suit in personam, the court is confined to the rights and liabilities of the person, and, in its execution proceeds against his property generally, without any regard to its relation to the matter in controversy.(a)

§ 360. There are no criminal proceedings in rem. The only cases of quasi criminal and penal character, are those for the enforcement of the penalties and forfeitures which are imposed by law upon property afloat, under the navigation and revenue laws. They are, like other cases in rem, classed with civil causes, and are tried without the intervention of a jury.(b)

§ 361. In certain cases the proceedings in rem and the proceedings in personam, may be united in the same suit, for the purpose of more complete justice.

§ 362. One of the attempts to limit the jurisdiction of the Admiralty, consists of a denial of its power to entertain a suit in personam. In England, and in this country on English authority, it has been said, that since the venue has become immaterial, the courts of common law are competent to give relief in all personal actions; and that when the common law can give relief, the Admiralty has no jurisdiction; and that the Admiralty has jurisdiction in rem only because the common law has no power to proceed in rem. This point has been urged with some emphasis, although almost all the earliest English cases, and many of the latest, are cases in personam. Clerke, in his Practice, devotes the first and largest portion of the work to proceedings in personam. The same is true of Boyd, in his proceedings of the Scotch Admiralty. Suits in personam have always been of constant occurrence in the continental courts of Admiralty, and it is the usual mode of proceeding there; and they constituted, in all periods, a large portion of the business of the British Colonial Courts of Vice-Admiralty, before the American Revolution; and since that period, in the English Admiralty, at home, and in our own courts, suits in

(a) Dunlap Prac. 80.

(b) 7 Cranch, 112.

personam are of frequent occurrence. It is only remarkable that judges, of distinguished learning and acuteness, should ever have been mystified on the subject.

Wherever there is personal liability in a maritime cause of action, "personal contracts and injuries which concern navigation," the right may be enforced by a suit in personam, in the Admiralty.

Wherever there is a maritime lien on a thing, the lien may be enforced by a suit in rem, in the Admiralty.(a)

363. The party complaining is called the Libellant-the party resisting is called the Claimant, in a suit in rem, because his right to appear or intervene, depends upon his claiming the property or some interest in it. In some cases, a party is brought in against whom no substantial relief is sought, but who, from his position er relation to the controversy, is bound to answer the libel; in that case, he is more properly called the Respondent. In suits in personam, the party who defends is usually called the Defendant. Both parties are actors. The libellant is also sometimes called Promovent-Actor-Plaintiff. The defendant is sometimes called Reus Impugnant-Intervevant-Intervenor.(b)

§ 364. The familiar principle, that all the parties to a suit are bound by the decree, has its widest application in cases of Admiralty suits and proceedings in rem. The decree, as has been remarked, can only dispose of the thing, but so far as the thing is concerned, all the world are bound by the decree; that is to say, a decree as to the title, or possession, or sale, or forfeiture of the thing, binds all the world. No man is allowed to come in and say, that the decree does not bind him, and that he will have the matter re-tried; and this is because all the world are parties to the suit. By the regular process of the court, all parties who have any interest in the thing, are warned

(a) 2 Brow. Ad. Additional observations at the end of the volume. Ante, 48, 55 to 59, 93 to 96, 104 to 107, 115, 116, 126, 151, 203.

(b) Dunlap Prac. 84. 4 Cranch, 2. 2 Brow. Civ. 428, 432. Wood Civ. 339. Ibid. 375.

to come in and defend it; and it is therefore said that the whole world are parties in an Admiralty cause, and therefore, the whole world is bound by the decision.(a)

365. The reason on which this dictum stands, will determine its extent. Every person may make himself a party, and appeal from the sentence. But notice of the controversy is necessary in order to become a party; and it is a principle of natural justice of universal obligation, that before the rights of an individual be bound by a judicial sentence, he shall have notice, either actual or implied, of the proceeding against him. Where these proceedings are against the person, notice is served personally or by publication. Where they are in rem, notice is served upon the thing itself. This is, necessarily, notice to all those who have any interest in the thing; and it is reasonable, because it is necessary, and because it is the part of common prudence for all those who have any interest in it, to guard that interest by persons who are in a situation to protect it. Every person, therefore, who can assert any title to a vessel, has constructive notice of her seizure, and may fairly be considered as a party to the libel, but those who have no interest in the vessel which could be asserted in a Court of Admiralty, have no notice of the seizure, and can, on no principle of justice, be considered as parties in the cause, so far as respects the vessel.(b)

366. He that has a maritime suit to prosecute, sets forth, in writing, addressed to the judge of the court, his claim, circumstantially and intelligibly, with the greatest simplicity and conciseness, and closes with a prayer for the relief which he desires. This is called a Libel. from the latin libellus, a little book. It is signed by the party, and verified by his oath, and presented to the clerk of the court, with security when necessary, who files it and issues the proper process to the Marshal of the district, who executes it according to its direction, and takes the security required by law.(c)

(a) 3 Hagg. 132. 3 Price, 109. 9 Cranch, 144.

(b) 9 Cranch, 144.

(c) Betts' Prac. 16. Ware, 35.